Spahi previously demurred to the First Amended Complaint on the grounds that it was based on the same primary right as the 2015 action. In 2015, an HOA shareholder filed a derivative complaint against Spahi and his alleged alter egos and co-conspirators. The original action was converted to a direct action by the HOA in 2019. The court recognized that Stone might have qualified for the privilege if he had made his statements in a letter to another interested party, but it determined that posting a statement on the Internet does not prove the required intent to reach a specific interested party. The current action alleges Spahi is responsible for paying any judgment that may be awarded against the HOA arising from his alter egos purchase of the units, due to the purchase agreements indemnification provisions. ], Punitive damages may not be granted in an action based on breach of contract, even if the defendants breach was willful or fraudulent., Michael Eggenberger, a member of the New York State Bar, applies for admission, Pursuant to California Rules of Court 9.40, an application for appearance. ocean tower lawsuit outcome Hunter, Superior Court of Los Angeles County; California Court of Appeal, Second Appellate District, No. Yo! Pier supports in the shifting clay more than 100 feet (30m) underground began buckling, stressing beams and columns, causing cracking, spalling, and breaking, eventually causing the building to lean towards the northwest corner, cracking the wall of the adjacent garage, which abuts the tower. Plaintiff adequately alleges alter ego liability, allowing this cause of action to proceed against Spahi. Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175. The two cases do involve different defendants, different causes of action and different primary rights. DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR REMOTELY. 0000001976 00000 n TJPA is a public agency responsible for a newly constructed Transit Center adjacent to the Millennium Tower. The current action initially contained causes of action for (1) rescission of the purchase agreements, (2) breach of indemnification agreement and (3) judicial foreclosure. Contact: Doug Elmets. Additionally, a notice of related cases does not have estoppel effect. 0000140158 00000 n http://texasgeotechnicalengineer.blogspot.com/2010/01/ocean-tower-implosion-photos.html, https://www.fiverr.com/seoservice35/make-390-dofollow-backlinks-manually-blog-comments-low-obl. STIPULATED JUDGMENT. Ocean Towers apartments is at the North end of Palisades Park, one of the world's finest urban locations for an apartment building. A fifth amended complaint (5AC) was filed in the 2015 action on October 16, 2019. Court: Third Circuit New Jersey US District Court for the District of New Jersey. It was nicknamed "Faulty Towers" and "The Leaning Tower of South Padre Island". 0000005493 00000 n *******0918, Plaintiffs Ex Parte Application for Appointment of Receiver. Additionally, Spahi argues the statute of limitations bars the first and third causes of action. July 10, 2008 - 5:40PM. jakarta residence implosion 2009 dimulai.. Post author: Post published: June 10, 2022; Post category: do coyotes eat crows; Post comments: . ;128.7(b)(1), (4). 0000002075 00000 n [9] Soon after, the building became known as the "leaning tower of South Padre" and was viewed as a looming eyesore.[6][10]. In late 2009 the owner hired Controlled Demolition Inc to start planning the implosion of the building since it was too costly and impractical to try and repair the structure, much less get anyone to move in considering the stigma now associated with the building. The judge's order authorized Calvillo to take "charge and posses- This litigation, involving a signature project in San Francisco with a number of well-known unit owners, including former 49ers' quarterback Joe Montana, was featured on a segment on 60 Minutes and heavily covered by local and national print and broadcast media. If the conditions for exclusive concurrent jurisdiction exist, the issuance of a stay order is a matter of right. People ex rel Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4th 760, 772. Under the transaction test from, By signing and filing a pleading or motion, an attorney certifies the filing is not being presented primarily for an improper purpose, and that [t]he denials of factual contentions are warranted on the evidence[. Ocean Tower Settlement and Implosion - Blogger 0000003831 00000 n has not been finally disposed of . Case No. Ocean Towers Housing Corporation Vs Seif Ascar As the Trustee of The Code of Civ. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. [2], Construction was halted in the summer of 2008. Further, the court found that Stone may have had malice in publishing the disputed statement. 0000089433 00000 n Other parties who were brought into this litigation include parties involved in the design and construction of the Millennium Tower, the Transit Center, and two other nearby projectsthe Sales Force Tower and a project at 350 Mission. A lone drill rig sits at the stalled construction site for Hawaii City Plaza at 730 Sheridan St. Prev Next. Enjoy luxury . ;128.7(b)(1), (4). The story goes that way back in the 90's, then mayor Ed Cyganiewicz came up with the idea of outlawing neckties as a way of promoting the laidback atmosphere on the island. The HOA alleges it has paid millions of dollars in litigation initiated against it by US Bank because of these sales and seeks indemnification from Spahi and his alter egos. Palisades News. 0000262322 00000 n Plaintiff argues the primary right in the 2015 action is the HOAs right to be governed by a board that fulfills its fiduciary duties, while the 2019 action involves the boards right to enforce its written agreements with Spahi. Case Number: *******0918 Hearing Date: November 13, 2019 Dept: P, SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, DEPT. https://www.smobserved.com/story/2018/06/24/news/judge-will-appoint-receiver-over-ocean-towers-co-op-apartments-in-santa-monica/3500.html. Defendants argue plaintiff was aware of defendants alleged fraudulent scheme by May 2015 at the latest. SUSTAINED as to the first cause of action without leave to amend but OVERRULED as to the second and third causes of action. 2021-06-25, California Courts Of Appeal | Other | There is no Misappropriation of Funds, and John Spahi is not the CEO, for starters. . Code of Civ. This opinion is written by the son of John Spahi. Welcome to the website of the Digital Media Law Project. . 0000305585 00000 n DEAN ZANDER VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION, ET AL. 01/22/2020 at 08:30 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Case Management Conference, Amended Objections to Plaintiff's Notice of Deposition of Person Most Qualified at Defendant Windsor Ocean, Inc.; Filed by Windsor Ocean, Inc. (Defendant), Notice of Ruling; Filed by Ocean Towers Housing Corporation (Plaintiff), at 08:30 AM in Department P; Case Management Conference - Held - Continued, at 08:30 AM in Department P; Hearing on Motion to be Admitted Pro Hac Vice - Held - Motion Granted, at 08:30 AM in Department P; Hearing on Demurrer - with Motion to Strike (CCP 430.10) - Held - Motion Granted, Minute Order ( (Case Management Conference; Defendant John Spahi's Demurrer -)); Filed by Clerk, Declaration (of Herbert Nacion re: Payment and Submission of Pro Hac Vice Application to State Bar of CA); Filed by John Spahi (Defendant), at 08:30 AM in Department R, Marc D. Gross, Presiding; Case Management Conference - Not Held - Vacated by Court, JOHN SPAHI?S REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE THE PUNITIVE DAMAGES CLAIM FROM THE FIRST AMENDED COMPLAINT; Filed by John Spahi (Defendant), Answer; Filed by Windsor Ocean, Inc. (Defendant), Proof of Personal Service; Filed by Ocean Towers Housing Corporation (Plaintiff), First Amended Complaint For: 1. 0000005000 00000 n 0000144111 00000 n It was designed as a 31-story luxury high-rise featuring 147 residences, a gym, swimming pools, spa, and a media room. 0000007060 00000 n hbbd``b`j@ H0G @H L@ 3 54 0 obj <>stream Defendant argues the 2019 action constitutes an improper attempt to divide this primary right, since both actions are brought by the HOA and are based on the same alleged scheme by Spahi. The same panel also concluded that settlement had not changed Millennium Tower's capability of resisting major earthquakes and the upgrade will increase that capability. 0000010581 00000 n ] Cal. Defendants concede plaintiff pleads alter ego liability, but argue alter ego cannot be alleged both in this action and the 2015 action due to the primary right doctrine. Breach of Contract; and 3. hb```b``-f`c`bf@ aWAl>5d&11n`}cU O^:y%BK4K:"ieX \U]ibp5,3eQ.ME6&u=0KM3}mtAb&mY\QDvOyLC7EjZ. [6][7][8] The official explanation was that the parking garage and the tower were mistakenly built connected, forcing the weight down upon the garage instead of on the tower's core. Ocean Towers Has Been Falsely Portrayed, Reports One Homeowner Proc. Investors sue developer of 2 planned Honolulu condo towers In August 2019, the parties informed the court that a tentative and conditional global settlement was agreed upon. If you are interested, please contact us for more details. To read this as a knowing misrepresentation under ;128.7 would require a narrow, counterintuitive reading. This man controlled who was able to buy and sell in his building. Although the 2015 action and this action are based on different primary rights and legal theories, they both arise out of a substantially similar factual nexus and seek damages based on litigation expenses in the bank lawsuits. 0000008813 00000 n The court sustained defendants demurrer to the first cause of action on the grounds that it was based on the same primary right as the original action and overruled the demurrer to the second and third causes of action. An attorney who files papers violating these requirements is subject to sanctions, including dismissal. Ocean Tower condominium was expected to be the highest structure of luxury living in the Rio Grande but instead dubbed the leaning tower of South Padre because parts of it have sunk almost 16 inches, cracking beams and columns. In the meantime, Spahi broke into the unit and illegally started renting it for thousands of dollars while he filed another false lawsuit against the bank who legally owned the unit. The second two causes of action are based on a primary right not involved in the 2015 action. However, on March 17, a three-judge panel in the California Court of Appeals Second Appellate District reversed the trial court dismissal, allowing Spahi to move forward with his claim. In a letter dated July 2, 2008 the developers informed buyers about the problems that they had encountered. The HOA could seek to enforce the purchase agreements, even if plaintiff did not allege defendants misused their positions as HOA directors. Both surviving causes of action arise out of an alleged contract breach. And anyone who challenges him is immediately sued," she said. ;128.7. Finally, one place to get all the court documents we need. O of this court, alleging John Spahi engaged in a scheme to fraudulently transfer title of various units in the complex to himself through sales to alter egos. 2022-12-22, Los Angeles County Superior Courts | Property | ` Proc. In a hearing conducted on June 13, Los Angeles Superior Court Judge Marian Kohl said that she was inclined to appoint a receiver. Due to popular demand the Berkman Klein Center is keeping the website online, but. In May 2019 the HOA filed this complaint (the current action), alleging Spahi used alter egos to purchase several units (the same units at issue in the original action) from the HOA at prices far lower than their appraised value. However, different primary rights are at stake here versus the other action. Baidu's Political Censorship is Protected by First Amendment, but Raises Broader Issues, Hear Ye, Hear Ye! Transbay Joint Powers Authority (TJPA), et al. This action will be stayed pending the outcome of the original action. " The lawsuit alleges that Spahi, who now owns a controlling interest and 40 units in the property, misappropriated $11 million out of $50 million FEMA paid Ocean Towers to make repairs after the 1994 Northridge earthquake." . issue of direct and immediate concern. Plaintiffs argument is unavailing, and Dept. But those same statements also potentially disparaged the quality of the Spahis title to the Ocean Towers units and the nature of their leasing services, indicating the units were facing foreclosure or subject to assessments for unpaid homeowners association fees and suggesting tenants and prospective buyers would not be dealt with fairly by their landlord or would likely confront additional legal and financial issues when renting or purchasing the Spahis units, the ruling continued. 0000002573 00000 n I'm happy to . In 2015 Ocean Towers Housing Corporation (HOA) shareholder Michael Reach filed a derivative complaint, case no. On December 22, 2006, Stone filed a motion to dismiss the suit under California's anti-SLAPP statute. (the original action) pending in Dept. Type: Other Statutes Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability. The statements alleged by the Spahis certainly impugned their personal reputations with accusations of dishonesty and improper and illegal conduct such as withholding security deposits, the panel of judges stated in their ruling. Ocean Towers is a 317-unit luxury cooperative apartment building high-rise located at 201 Ocean Avenue. 0000043094 00000 n Proc. Donald Trump settles lawsuit over Baja condo resort that went bust "No one can sell their units with this dispute going on," another resident told us. Spahi v. Superior Court of Los Angeles County et al. On November 4, 2008, after several engineering studies had discovered that the work needed to fix the building would prevent the project from becoming economically viable, the development was officially cancelled and purchasers were released from their unit purchase agreements. Stone claimed that the company did this despite statements that it lacked sufficient funds to engage in "much needed building repairs.". *******0918, Demurrer and Motion to Strike Portions of the First Amended Complaint, Motion for Admission as Counsel Pro Hac Vice. ", "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. Thus, the bank could not sell us the unit. [12][13], Any materials that could be recycled or resold, including fixtures and fittings, steel, flooring, and windows, were removed from the building before demolition. Nonetheless, they arise out of the same subject matter purchase agreements entered by Spahis alleged alter egos and seek the same damages the costs incurred by the HOA in defending against the US Bank litigation. Ocean Tower Failure Analysis | Walter P Moore The declaration of John M. Pierce in support of the motion states defendants counsel will promptly provide this application to the State Bar of California. Declaration of John M. Pierce, 3. LEONARD LUDOVICO VS OCEAN TOWERS HOUSING CORPORATION, A CALIFORNIA CORPORATION. 0000305624 00000 n Construction was halted in May 2008 when cracks formed in the building's supporting columns, and investigations revealed that the core of the skyscraper had sunk by more than 14 inches (360mm). 75 0 obj <> endobj xref 75 50 0000000016 00000 n if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[580,400],'smobserved_com-medrectangle-3','ezslot_5',155,'0','0'])};__ez_fad_position('div-gpt-ad-smobserved_com-medrectangle-3-0'); The lawsuit alleges that Spahi, who now owns a controlling interest and 40 units in the property, misappropriated $11 million out of $50 million FEMA paid Ocean Towers to make repairs after the 1994 Northridge earthquake. Glade v. Glade (1995) 38 Cal.App.4th 1441, 1449 where a proceeding has been . Os rejection of the notice of related case is not preclusive. No punitive damages may be recovered even if the facts alleged complaint amount to fraud. The HOA argues Windsors discovery responses show it is an alter ego of Spahi existing for the purpose of perpetrating fraud upon the HOA. A motion for sanctions brought for an improper purpose shall itself be subject to a motion for sanctions. Cal. ;128.7(c) provides that sanctions shall be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others. According to the Spahis, the Isens intended to induce other parties, including prospective buyers and tenants, not to deal with the Spahis. In contrast to condominium owners who own a particular unit, cooperative building owners own a share in the Ocean Towers has 300 units, but voting power is allotted by square footage, and a formula that takes into account ocean views and sale price. 2021-06-22. 0000134847 00000 n This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. These easy peasy blog commenting tips will drive mad traffic to your blog. I would love to see the calculations by Raba-Kistner and by the structural engineer to find out the root cause of the flawed design (errors and omissions anyone). I'm happy to meet with you in person to discuss all the relevant facts. She did not make any such comments about misappropriation of funds. There is a substantial danger that, if the lawsuits proceed separately, the courts could reach conflicting (or redundant) decisions regarding those damages. By signing and filing a pleading or motion, an attorney certifies the filing is not being presented primarily for an improper purpose, and that [t]he denials of factual contentions are warranted on the evidence[. [6], After a month of structural testing the construction of Ocean Tower began on April 5, 2006. It appears that a settlement was reached. Spahi concedes the primary right at issue in the 2015 action is the HOAs right to be governed by honest and faithful directors, who were duty-bound to act in good faith and in the best interests of the corporation. Opposition at pg. 0000006486 00000 n Cal. Clients Copyright 2023. The court also explicitly rejected the "interest" privilege, which Stone argued had not been addressed in the trial court. 23. According to filings in the case, in a posting on his website The Ocean View, Stone accused . This action involves plaintiffs contractual rights, while the 2015 action concerns plaintiffs right to be free from fraudulent/disloyal conduct by directors. PDF Pro se litigants in the code of judicial conduct - NCSC Ocean Tower Failure Analysis South Padre Island Texas Ocean Tower condominium was expected to be the highest structure of luxury living in the Rio Grande but instead dubbed the 'leaning tower of South Padre' because parts of it have sunk almost 16 inches, cracking beams and columns. Enjoy luxury amenities like valet parking, resort-style pool, doors man, 24/7 security and concierge. TAHER SPAHI, ET AL. Courts determining whether a court has exclusive concurrent jurisdiction apply an expansive subject matter test which considers whether the two actions arise from the same transaction. Plant Insulation Co. v. Fireboard Corp. (1990) 224 Cal.App.3d 781, 789. ClassifiedsDirectoryAboutContactAdvertise, Prestige property at 201 Ocean Ave. has completed three years of litigation. Beginning in 2016, a series of lawsuits were filed concerning a 56-story condominium tower, colloquially referred to as "San Francisco's Leaning Tower," which has vertically moved more than 16 . Disabled Veterans Still Homeless After VA Opens New Housing, Police Investigate Assault at Santa Monica Restaurant, Suspect Still at Large, Mayor Karen Bass Releases Statement Regarding The Death of Former Mayor Richard Riordan, Councilmember Traci Park Advises Westside Residents To Tune In To Budget And Finance Meetings On Proposed Budget For The City, Los Angeles Delays Spending Most of the Funds Raised by Mansion Tax Until Legal Challenges Are Resolved. He never had to pay the fees! [11][5] By this time more than 100 of the condominiums had been sold. FAC at 47, 52. Or maybe Raba did not analyze "group pile" settlement models? Under the doctrine of exclusive concurrent jurisdiction, a court has jurisdiction over a case even if a prior ongoing case concerns the same subject matter until a party files a proper motion to stay the second action or a separate pleading requesting relief. According to filings in the case, in a posting on his website The Ocean View, Stone accused Ocean Towers of using company funds to finance a loan for a board member's nephew. 0000009432 00000 n Stone appealed to California's Second Appellate District. (916 . Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781. 0000026701 00000 n [5] Units were to retail for $2 million. [6][9][14][1], The implosion was watched by a large crowd, many of whom stayed in local hotels and visited restaurants in the area. trailer <<62DD41D1A9AC4D93B41AD3F841D72D45>]/Prev 870850>> startxref 0 %%EOF 124 0 obj <>stream [2], Last edited on 30 November 2022, at 11:13, List of tallest voluntarily demolished buildings, "An Engineer's Nightmare Ocean Tower, South Padre Island | the blog of rio akasaka", "Zachry company building luxury high-rise on South Padre Island", "Leaning South Padre tower turned into 55,000 tons of debris", "Tallest Building Demolitions in the World", "No Second Shot: Saying Goodbye to the Leaning Tower of South Padre Island | Swamplot", "Ocean Tower Highrise Oceanfront Condominiums South Padre Island", "South Padre Leaning Highrise Tower to be demolished in December 13th", https://en.wikipedia.org/w/index.php?title=Ocean_Tower&oldid=1124767533, Padre Boulevard across SPI Convention Center, This page was last edited on 30 November 2022, at 11:13. 1332 Diversity-Product Liability. While the motion is not well taken, defendant has not shown it was brought to harass or unnecessarily delay. 0000007669 00000 n OVERRULED as to the second and third causes of action but SUSTAINED without leave to amend as to the first cause of action. When courts apply sanctions, they are generally to be imposed in an incremental approach, with terminating sanctions being the last resort., A plaintiff cannot divide a primary right and enforce it in two suits, including when the first suit is still pending when the second is filed[. I can hypothesize, maybe Raba's engineer(s) thought the piles would be 100% skin friction piles but over-estimated the skin friction developed? Mr. Eggenberger fulfilled the requirements of CRC 9.40 and the application. 'Leaning tower of South Padre' to be torn down - Chron Santa Monica Police Seek Arson Suspect Who Set Five Fires in Two Hours in Santa Monica, UC Berkeley Grad Nima Momeni Arrested For Murder of Cash App founder Bob Lee, Woman Shoved Into a Vehicle, Abducted in Westwood Near UCLA, Santa Monica's Ban on Gas Piping to Prohibit Gas Appliances Was Just Ruled Illegal by U.S. Ninth Circuit Court of Appeal, Fox News Dumps Tucker Carlson Because He Attacked the Effectiveness and Safety of Pfizer and Moderna's Covid Vaccines, Says #RFK. He argues a significant risk of contradictory rulings in the two actions and that a stay will not conflict with the courts prior demurrer ruling because the demurrer ruling was based on the primary right doctrine, whereas this motion seeks to apply the broader exclusive concurrent jurisdiction doctrine. Venice Based on the investigation findings, the tower was imploded before construction completion. If you'd like to subscribe to additional lists, please select any here! Cases, Dockets and Filings in New Jersey When the agreements were executed, the units were subject to liens in favor of the HOAs lenders. Paragraph 2 of the complaint does not violate ;128.7, even if plaintiff proved Bainbridge has no agents, employees, servants, officers, directors or shareholders. Ingos Kevin Bludsos New Barbecue Location Will Be 1.5 Miles Away From the Pier. John Spahi was never CEO of Ocean Towers. ocean tower lawsuit outcome. 0000119652 00000 n The judge appointed attorney David Calvillo as receiver over the couple's community prop-erty. Hawaii Ocean Plaza rendering. Filed: April 28, 2023 as 2:2019cv06106. Column: Reusing Buildings for the Benefit of All, Column: SB 9 Ended R-1 Zoning, but Its Not Meeting Goals. No sanctions will be awarded against either party. Both surviving causes of action are based on an alleged breach of written purchase agreements subject to a four-year statute of limitations. Shore Hotel Takes Grand Prize in Environmental Award, Former UCLA Gynecologist Sentenced to 11 Years for Sexual Misconduct, Santa Monica To Pay $122M in Sexual Abuse Settlement Against Former Employee, SMa.r.t. Plaintiff argues the two actions involve different primary rights. 0000004091 00000 n "We believe that he used the money to acquire more units for himself because he appointed himself CEO of the co-op corporation and could do whatever he wanted or felt he could. The Domits' company received approximately $3.5 million from the settlement. Case law states exclusive concurrent jurisdiction applies to conflicting adjudications of the same subject-matter by different departments of one court. Glade v. Glade (1995) 38 Cal.App.4th 1441, 1449. [3] It continued for two years with much of the main structure completed until differential settlement saw parts of the building sink by over 14 inches (360mm). Id. . Plaintiffs rescission claim constitutes an improper attempt to split the primary right at issue in the 2015 action. VS KB VISION FOUNDATION, ET AL. 0000184153 00000 n We are looking for contributing authors with expertise in media law, intellectual property, First Amendment, and other related fields to join us as guest bloggers. The Judge overseeing this case is MARC D. GROSS. According to filings in the Heyman Densmore,;Roger P. Heyman; James K.T. Code of Civ. https://www.fiverr.com/seoservice35/make-390-dofollow-backlinks-manually-blog-comments-low-obl. Copyright 2007-22 Digital Media Law Project and respective authors. Code of Civ. Ocean Towers Housing Corporation v. Superior Court of Los Angeles County et al. Ocean Towers Lawsuit Permitted To Go Forward: - SM Mirror "That $11 million has never been accounted for," one resident told us. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Thirteenth District Decisions 2010 RABA-KISTNER CONSULTANTS, INC. v. OCEAN TOWER, L. P. AND ANTUN T. DOMIT--Appeal from 357th District. Donald Trump has settled a lawsuit with more than 100 would-be condo buyers who lost millions of dollars when a Trump-branded luxury condominium project in Baja . Code of Civ. We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. The use of expandable clay, which compresses when weight is applied to it, compounded the issue and allowed the parking garage to remain relatively unsettled compared to the tower itself. . Jones Day represented Transbay Joint Powers Authority ("TJPA"), one of the primary parties in the Millennium Tower litigation, which is one of the highest profile litigation matters in the United States. The language does not affirmatively state any of the identified categories exists but is a broad denial that neither defendant nor anyone associated with defendant harmed plaintiff.